Ex Parte Ishimura et al - Page 6



          Appeal No. 2005-0285                                            6           
          Application No. 09/881,675                                                  

          device as shown for example by Okamoto...(see Fig, 1 and col. 3,            
          lines 3-15) to prevent spiking in the junction between the                  
          emitter electrode and the silicon substrate, to obtain low                  
          resistance ohmic contact and to serve as an excellent diffusion             
          barrier between aluminum and silicon” (answer-pages 4-5).                   
               Therefore, concludes the examiner, it would have been                  
          obvious to have selected either one of molybdenum silicide or               
          titanium nitride as a suitable barrier material for the barrier             
          metal layer of the modified Sakurai structure, “since it has been           
          held to be within the general skill of a worker in the art to               
          select a known material on the basis of its suitability for the             
          intended use as a matter of design choice” (answer-page 5).                 
               For their part, appellants contend that the examiner has               
          failed to establish the obviousness of a barrier metal layer                
          formed between the emitter electrode and the interlayer                     
          insulating film and including a layer containing nitrogen, and              
          that the examiner has not provided a sufficient motivation for              
          making the proposed combination.                                            
               We agree with the examiner that the subject matter of claims           
          1-3, and 5 would have been obvious, within the meaning of 35                
          U.S.C. §103, based on the applied references.                               






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